Failure-To-Warn Claims Dismissed in Metoclopramide Injury Action

NEW ORLEANS - Failure-to-warn claims brought against the makers of generic Reglan are federally preempted because they call for warnings that are stronger and/or different than those approved by the Food and Drug Administration, a Louisiana federal judge has ruled. Whitener v. PLIVA Inc., et al., No. 10-1552 (E.D. La.).

However, in the Dec. 6 order, Judge Eldon Fallon of the U.S. District Court for the Eastern District of Louisiana granted plaintiffs leave to amend their complaint to sufficiently allege that the drug maker defendants marketed or promoted metoclopramide for off-label purposes in a manner that violated federal law.

Lindsey …